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Commercial Litigation UK
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July 02, 2025
DPD Franchisee Can't Revive Worker Status Claims
An appellate tribunal has rejected a claim from a franchisee that the landmark Uber decision made him a worker or employee at the parcel delivery company DPD, because he was never expected to personally deliver mail when he hired a van from them.
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July 02, 2025
Paralegal Wins £46K After Quitting To Avoid SRA Rules Breach
A paralegal has won more than £45,000 ($61,000) after a tribunal ruled he was unfairly dismissed by a London law firm, following months in which he felt pressured to work under the supervision of a solicitor banned by the profession's regulator.
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July 02, 2025
Elizabeth Arden Broke Britney Perfume Deal, Distributor Says
A perfume distributor has denied Elizabeth Arden's £7.1 million ($9.7 million) claim for unpaid bulk purchases of Britney Spears' fragrances, arguing that anything claimed should be set off by the distributor's lost profits after the U.S. giant started selling to other companies in breach of a supply deal.
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July 01, 2025
Energy Cos. Say Italy Can't Escape $23M In Awards
Three companies looking to enforce $23 million in arbitral awards against Italy in D.C. federal court over revoked renewable energy incentives have opposed the country's new argument saying it has not waived its sovereign immunity since the underlying awards have been set aside.
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July 01, 2025
Creditors Accuse Shipping Biz Of Trying To Evade $309M Debt
The Norwegian government and three finance companies have sued two Guernsey-based companies and a shipping businessman in a London court, accusing them of fraudulently transferring real estate assets to evade liability for loan defaults.
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July 01, 2025
Trusts' Mauritius Share Sales Taxable In UK, Court Holds
HM Revenue & Customs was right to assess share sales by a group of Mauritius-based U.K. trusts for capital gains tax because the sale decisions were made in Britain, a London court held Tuesday.
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July 01, 2025
Bank Of Ireland Denies £60M Property Loan Fraud Claim
Bank of Ireland has denied a £60 million ($83 million) claim that it deceived a real estate investment business into borrowing millions of pounds by giving inflated property evaluations and said the borrower would have taken out the loan anyway because it was such a generous financial package.
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July 01, 2025
HMRC Can Collect Tax In Disputed Avoidance Schemes
A London court ruled that HM Revenue & Customs can collect disputed income tax owed by a group of companies that took part in tax avoidance schemes, even though the authority previously promised to postpone the requests until the disputes were settled.
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July 01, 2025
Vape Co. Loses Appeal To Block Rival's 'Crystal Bar' UK TM
A London court has refused a Chinese vape company's latest attempt to block a rival's "Crystal Bar" trademark bid, ruling Tuesday that the Shenzhen-based outfit held no goodwill in the brand dating from before its opponent's application.
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July 01, 2025
Kevin Spacey Sued Over Alleged Sexual Assault At Old Vic
Kevin Spacey is facing fresh legal scrutiny after British actor Ruari Cannon accused the Oscar-winning performer of sexually assaulting him in 2013 during a production at London's Old Vic Theatre.
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July 01, 2025
Barclays Car Finance Appeal Must Wait For Top Court Ruling
Barclays' bid to overturn a ruling by the Financial Ombudsman on motor finance commissions was delayed on Tuesday, as the Court of Appeal adjourned the case to await a high-stakes judgment from the U.K. Supreme Court.
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July 01, 2025
Petrofac Suffers Blow As Creditors Block $355M Rescue Plan
Samsung and an Italian oilfield services company have won their challenge to a $355 million restructuring plan for Petrofac, as a London appeals court ruled on Tuesday that the benefits of the plan had not been shown to be fair to all creditors.
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June 30, 2025
UK Supreme Court Denies Russia Immunity In $63B Yukos Case
Russia has been denied permission to challenge an appellate court ruling in Britain dismissing its attempt to use state immunity to block former investors in Yukos Oil Co. from enforcing more than $63 billion in arbitral awards they won nearly 11 years ago, the investors said Monday.
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June 30, 2025
HMRC Investigated Avoidance Scheme Enough, Court Rules
HM Revenue & Customs didn't need to investigate further before determining that nearly 50 consultants owed taxes on income routed through offshore entities on the Isle of Man, the High Court of Justice said in declining to review the British tax authority's decision.
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June 30, 2025
Co-Op Workers' Risk Of Abuse Relevant To Equal Pay Claim
A group of U.K. retail workers notched a victory in their equal pay claim against Co-Op after an employment tribunal ruled that the physical demands of their jobs and the risk of violence should be considered when comparing their duties to those of warehouse operatives.
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June 30, 2025
Software Startup Says Ideagen Trademark Use Not Deceptive
A software startup founded by the former directors of a company acquired by Ideagen has hit back at claims it lured customers away through deception, telling a court that it has every right to compete with Ideagen.
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June 30, 2025
Class Rep Can Bid To Revive £800M Water Pollution Case
An environmental consultant has won permission to challenge a U.K. antitrust court's decision to toss her proposed £800 million ($1.1 billion) class action against several water companies over their alleged failure to report pollution, her lawyers said Monday.
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June 30, 2025
Indian Co. Accuses UK Wholesaler Of Damaging Flour Brand
Indian conglomerate ITC has accused a British wholesaler of infringing its trademarks over "Aashirvaad" wheat flour, telling a London court that the company has imported goods intended only for India into the U.K.
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June 30, 2025
Rights Group Loses Bid To Halt UK F-35 Parts Sales To Israel
A Palestinian human rights organization lost its bid on Monday to force the U.K. government to suspend all arms export licenses to Israel, with a court ruling that an exclusion for parts for F-35 fighter jets was not unlawful.
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June 30, 2025
Judge Scolds Rep For Using Slang 'Karen' In Bias Case
A tribunal has criticized a support worker's friend and representative for using the derogatory term "Karen" to describe the way management treated her at a mental health charity while helping the former employee in her unsuccessful discrimination claim.
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June 30, 2025
Fired Legal Chief Stops Cosmetic Pharma From Seizing Docs
A London court has overturned an order that required a sacked chief legal officer to hand over documents which allegedly expose her "sham" redundancy from a cosmetic pharmaceutical company.
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June 30, 2025
Argentina Claims Sovereign Immunity In $16B Oil Biz Dispute
Argentina argued on Monday that a group of minority shareholders of nationalized oil company YPF SA cannot enforce a $16 billion New York judgment in England because the ruling is on the country's sovereign actions.
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June 30, 2025
UK Fights To Cut Unions' Claims Over EU Copyright Law Breach
The government urged a judge on Monday to toss most of a legal claim brought by two U.S. trade unions and fund trustees for not properly instituting European Union copyright laws, arguing that the unions did not have standing to bring their claims.
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June 30, 2025
Ex-Stobart Boss Loses Latest Conspiracy Case Over Sacking
Stobart Group's former chief executive has lost his latest battle to prove an alleged conspiracy to remove him as chair of the logistics company, as a judge ruled that his case against some of its shareholders was an unlawful attempt to re-open earlier claims.
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June 30, 2025
Japanese Chemicals Biz Takes Aim At Rival's Patents In UK
A subsidiary of Japanese chemicals firm Kuraray has asked a London court to strip a rival of three patents linked to laminated glass for a head-up display, arguing that the patents are all invalid.
Expert Analysis
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Irish Businesses Should Act Now To Prepare For EU AI Act
Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.
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Takeaways From World Uyghur Congress Forced Labor Ruling
The Court of Appeal’s recent judgment in the World Uyghur Congress' case against the National Crime Agency confirms that companies dealing in goods that they suspect to be products of forced labor are potentially liable to criminal prosecution, presenting significant legal risks that cannot always be mitigated through conducting supply chain due diligence, say lawyers at King & Spalding.
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Emissions And Extraction: Unpacking The Finch Ruling
In Finch v. Surrey County Council, the U.K. Supreme Court recently found that the council's authorization of an oil field expansion was unlawful for failing to consider its greenhouse gas effects, potentially leading to major implications for planning decision processes, say lawyers at Hausfeld.
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10 Ways To Manage AI Risks In Service Contracts
With the European Union Artificial Intelligence Act coming into force on Aug. 1 and introducing a new regulatory risk, and with AI technology continuing to develop at pace, parties to services arrangements should employ mechanisms now to build in flexibility and get on the front foot, says James Longster at Travers Smith.
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Unpacking The New Concept Of 'Trading Misfeasance'
In addition to granting one of the largest trading awards since the Insolvency Act was passed in 1986, the High Court recently introduced a novel claim for misfeasant trading in Wright v. Chappell, opening the door to liability for directors, even where insolvent liquidation or administration was not inevitable, say lawyers at Greenberg Traurig.
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Don't Wing Settlements: Lessons From Morley's TM Ruling
In Morley's v. Sivakumar, the ÃÛÌÒÊÓÆµ Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.
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Analyzing The Merits Threshold In Interim Injunction Ruling
In Kuznetsov v. War Group, the High Court recently dismissed an interim injunction application, reminding practitioners to be mindful of the possibility that they may be required to meet a higher threshold merits test, say Mark Cooper and Tom Parry at Eversheds Sutherland.
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Use Or Lose It: European TM Ruling Stresses 'Genuine Use'
The European Union General Court recently dismissed an action to revoke trademark protections for a lack of use in Sta Grupa v. EU ÃÛÌÒÊÓÆµ Office, offering significant insight into the intricacies of assessing evidence of genuine use in revocation actions, says Sumi Nadarajah at FRKelly.
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Decoding Plans To Simplify The Transfer Of Undertakings Law
The prior Conservative government's proposed reforms to the Transfer of Undertakings Regulations to simplify processes protecting employee rights have generally been welcomed, but the fact that Labour is now in power casts significant doubt on whether they will be pursued, says Robert Forsyth at Michelmores.
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims
In Morganstone v. Birkemp, the High Court recently found that an adjudicator's refusal to consider cross-claims outside the scope of an interim payment breached natural justice, highlighting inherent risks in the adjudication process, including that not all decisions will be enforced automatically, say Ryland Ash and Jonathan Clarke at Watson Farley.
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Employer Lessons From Teacher's Menopause Bias Win
A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.
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Why Ukraine Aircraft Insurance Case Failed To Take Off In UK
In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.
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What UK Digital Markets Act Will Mean For Competition Law
The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.
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UK Supreme Court Confirms Limits To Arbitration Act Appeals
Every year, disappointed parties come out of U.K.-seated arbitrations and try to seek redress in the English courts, but the U.K. Supreme Court's recent decision in Sharp v. Viterra serves as a reminder of the strict restrictions on appeals brought under the Arbitration Act, says Mark Handley at Duane Morris.